Service Law – Pension – Limitation – Disability pension – Delay of 16 years in claiming arrears – Held barred – Respondent invalidated from service in 1983; disability pension granted prospectively pursuant to Single Judge order restricting arrears to 38 months – Division Bench wrongly directed arrears for 16 years with interest – Held: belated servi...
Constitutional Law – Writ - Article 14 – “One-man legislation” – Proviso to Section 11(1A), AIIMS (Amendment) Act, 2007 – Held unconstitutional – Amendment directed only against incumbent Director P. Venugopal, prematurely terminating his five-year tenure without justifiable reasons or safeguards – Such singling out constitutes naked discrimination, ...
Service Law – Promotion – Article 14 – Non-communication of ACR entries – Held arbitrary – Appellant denied promotion to post of Superintending Engineer as ACR graded “good” instead of “very good”, though not communicated – Held: Every entry in ACR (poor, fair, average, good, very good, outstanding) must be communicated within reasonable ...
Service Law – Termination – Eligibility Criteria – Vocational Subject Marks – Rules 4 and 21 of Jharkhand Primary School Teacher Appointment Rules, 2012 – Termination of teachers on the ground of not securing 40% in Intermediate Examination and invalidity of graduation certificates – Held: Rule 21 governs merit list preparation and not eligibility – Rule 4...
Land Acquisition – Due Process – Sections 3A, 3D & 3G(3) of National Highways Act – Gazette Notification issued in 2022 under Section 3A did not include all petitioners’ properties – Declaration under Section 3D dated 03.07.2024 and subsequent compensation proceedings initiated – Petitioners allege interference with possession without due acquisiti...
Constitution of India – Article 233 – Appointment of District Judges – Eligibility – In-service Judicial Officers – Direct Recruitment – Interpretation of Clause (1) and (2) – Held: Both clauses form a complete code – Article 233(1) covers appointments, postings and promotions – Article 233(2) lays down qualification only for advocates/pleaders...
Customs Law – Import Clearance – Out of Charge – DRI Officer’s Post-Clearance Action – Petitioner’s goods (dry dates) cleared under Section 47 of Customs Act after full verification by Customs, FSSAI, and Ministry of Agriculture – Despite clearance and gate pass, goods forcibly brought back to CFS by DRI Officer based on unverified intelligence alleging Pa...
Surrogacy Law – Retrospective Application – Age Restrictions – Section 4(iii)(c)(I), Surrogacy (Regulation) Act, 2021 – Prospective Operation Only – Intending couples (petitioners) commenced surrogacy procedures prior to 25.01.2022 and had frozen embryos before the Act came into force – They were later denied eligibility certification on ground of crossing age l...
Custody of Minor – Non-Compliance with Production Order – Discretion under Section 45(1) of the Guardians and Wards Act – Family Court directed mother to produce child before it on 10.09.2025, failing which she was made liable for prosecution and per diem costs – Appellant residing in Sharjah after remarriage pleaded inability to travel due to financial hardship and lack of...
Civil Procedure – Amendment of Written Statement – Order 6 Rule 17 CPC – Replication – Scope and Pleadings – Petitioners sought amendment of written statement to rebut new facts introduced in replication filed by plaintiffs – Trial court dismissed the application holding replication not part of pleadings – Held: Replication, when permitted by court, forms ...